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R (Greyhound Board of Great Britain Ltd) v Welsh Ministers [2026] EWHC 670 (Admin) What are the practical implications of this case? The ruling reinforces the constitutional divide between the courts and the legislature. It explains that the scheme and framework of the Government of Wales Act 2006 (GWA 2006) embody that separation of powers, and that any judicial attempt to recognise and enforce a common law obligation on Welsh Ministers to consult prior to introducing legislation in the Senedd would trespass upon that boundary. This is not a departure from established principle; case law has already upheld comparable rules for lawmakers in Scotland and at Westminster. However, this is the first express confirmation of the position for Welsh lawmakers, and the first time this dimension of the GWA 2006 has been analysed in such depth. The court examined earlier
The solution arrived through the United Nations Compensation Commission (UNCC), a quasi‑judicial body handling mass claims, created under UN Security Council Resolution 687. By addressing environmental harm—most notably via its ‘F4’ claim class—the UNCC set a seminal benchmark shaping how international law and contemporary arbitral panels allocate financial responsibility for wartime ecological devastation. With present-day wars in areas such as Eastern Europe and the Middle East bringing dam breaches, strikes on chemical facilities, and the burning of farmland, the UNCC’s legacy endures as an essential reference point for states, global investors, and companies engaged in post‑conflict arbitration. The F4 claims: Quantifying the unquantifiable Prior to the 1990s, mechanisms in international law for war reparations overwhelmingly favoured property loss, foregone earnings, and bodily injury. The natural world was commonly treated as a mute, non-compensable victim of armed hostilities...
Understanding the farming business as a business Many farms still use long-standing structures that arose by habit, not strategy. Sole traders, informal partnerships and outdated partnership deeds are common. While once effective, such setups can cause major issues around succession, tax planning and involving the next generation. A corporate team can take a fresh, business-led view of the farm, asking: Who owns the land and other critical assets? Who manages daily operations? Who carries the risk and who enjoys the return? What is the enduring plan for succession? From this review, the team can confirm whether the current setup is fit for purpose or if an alternative — for example an updated partnership agreement, a company, a limited liability partnership, or a blended model — would better meet the family’s aims. Tax efficiency through joined-up advice Tax sits at the centre of most
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The present structure for the protection of wild birds Directive 2009/147/ EC ( Birds Directive) Remarkably, this framework of environmental law predates the Treaty of Rome amendments that expressly conferred competence for such measures, as it originated in 1979. With the benefit of hindsight, it now reads as a forward-looking instrument aimed at conserving and restoring biodiversity by shielding wild birds and the habitats vital to them. Member States are obliged to protect wild bird species within their jurisdictions and to secure their eggs and nests by preserving, maintaining and, where required, reinstating avian habitats. For threatened species identified in Annex I, States must also designate Special Protection Areas ( SPAs) within their territories as required by the Directive’s framework obligations. The Conservation of Habitats and Species Regulations 2017, SI 2017/1012, were laid before the Westminster Parliament on 31 October 2017 under section 2(2) of the...
EU developments ESMA publishes consultation on possible amendments to CRAR Framework The European Securities and Markets Authority ( ESMA) has launched a consultation on intended updates to Commission Delegated Regulation ( EU) No 447/2012, and on changes to Annex I of the Credit Rating Agencies Regulation ( CRAR)......
In this issue: Air emissions and climate change Environmental information ESG and sustainability Waste producer responsibility regimes Lex Talk®Environment: a Lexis®Nexis community Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change DESNZ publishes net zero progression data The Department for Energy Security and Net Zero ( DESNZ) has issued provisional figures showing the UK’s territorial greenhouse gas emissions have fallen by 5% since 2022. It also explains that, when international aviation and shipping are included, overall greenhouse gas emissions have halved relative to 1990. DESNZ further highlights that, between 1990 and 2021, the UK cut its territorial greenhouse gas emissions by a larger share than the combined reductions achieved by the US, Canada, France, Italy and Japan. See: LNB News 02/04/2024 17. DESNZ publishes provisional UK greenhouse gas statistics for 2023 DESNZ has released provisional UK territorial greenhouse gas ( GHG) statistics for 2023. The report records...
In this issue: Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental enforcement and prosecutions Environmental permits and consents ESG and sustainability Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change HMT launches UK CBAM consultation HM Treasury has opened a consultation on proposals for the design and administration of the UK carbon border adjustment mechanism ( CBAM). Government has confirmed CBAM will take effect from 1 January 2027 on imports of specified carbon‑intensive goods. Views are sought from importers and their agents, other businesses, individuals, tax advisers, and trade and professional bodies. The consultation closes at 11.59 pm on 13 June 2024. See: LNB...
In this issue: Air emissions and climate change Contamination and pollution Energy efficiency and buildings Environmental assessment Environmental liabilities, due diligence and insurance Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Health and safety Key developments and materials Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts Trackers New and updated content Useful information Air emissions and climate change CCC releases review of the Third National Adaptation Programme The Climate Change Committee ( CCC) has issued an early review of the Third National Adaptation Programme ( NAP3), designed to ready the nation for the impacts of climate change. In that review, the CCC concludes the current adaptation policy is not working, citing three...
Industry association Insurance Europe and the CRO Forum, a risk management firm for the insurance industry, responded on 19 March 2024 to EIOPA’s industry consultation on proposed measures to curb misleading claims about the environmental credentials of financial products. The insurers urged consistent application of supervisory obligations, better co-ordination between directives and solutions to address the limited availability of data. ‘ Establishing a shared interpretation of sustainability statements is crucial for enabling competent authorities to confront greenwashing effectively, while safeguarding consumers and providing legal clarity for insurers,’ Insurance Europe and the CRO Forum noted. EIOPA has outlined new sustainability rules that all insurance and pension providers throughout Europe are required to observe in full. These rest on four core principles in practice. The first is that companies should......
Background On 23 February 2022, the Commission unveiled its proposal for a new Directive on corporate sustainability due diligence. The measure seeks to create a corporate sustainability due diligence duty, obliging companies to conduct checks across their supply chains to identify and then prevent, mitigate, or stop actual and potential adverse effects of their activities on human rights and the environment. The Corporate Sustainability Due Diligence Directive ( CSDDD) sits within a broader legislative framework on sustainable corporate governance alongside the EU Corporate Sustainability Reporting Directive ( Directive ( EU) 2022/2464), and complements measures in the EU Sustainable Finance Disclosure Regulation ( Regulation ( EU) 2019/2088) and the EU Taxonomy Regulation ( Regulation ( EU) 2020/852). Which companies are in scope? As provisionally agreed in December 2023, the CSDDD was initially intended to apply to EU companies with more than 500 employees and a net...
Italy and France, two countries that had voiced concerns over the law’s effect on their businesses’ competitiveness, accepted Belgian eleventh-hour concessions that lift the annual revenue threshold for companies to be caught by the law from €300m to €450m. According to the agreed text, only companies with more than a thousand employees will fall within the scope of the law. Belgium, which has been chairing legislative discussions among member states as the current holder of the Council of the EU’s rotating presidency, also pared back some oversight provisions......
UK developments FCA's new greenwashing rules lack clarity, city firms warn Law360 reports that City firms are urging the Financial Conduct Authority ( FCA) to amend its draft guidance for the forthcoming anti-greenwashing regime, seeking the removal of key uncertainties and clearer direction on the breadth of application. See: FCA's new greenwashing rules lack clarity, city firms warn. Useful information For more on sustainable finance and ESG, consider the following resources: Overviews: Sustainable finance and ESG—overview; Types of ESG finance—overview; Reporting, disclosure and regulatory issues in sustainable finance transactions—overview. Practice Note: Introductory guide to sustainable finance for banking and finance lawyers. Practice Notes: Sustainable finance—recent news; Sustainable finance and ESG—timeline. Practice Note: Sustainable finance and ESG—horizon scanner. ......
This issue includes Air emissions and climate change Brexit Contamination and pollution Energy efficiency and buildings Energy for environmental lawyers Environmental assessment Environmental disputes and proceedings Environmental information Environmental issues in transactions Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Health and safety Sources of environmental law ( UK, EU, international) Waste Waste producer responsibility regimes Water, flooding and drainage Wildlife, biodiversity and habitat conservation Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change Court finds there is no presumption favouring repurposing and re-using buildings in the NPPF ( Marks and Spencer plc v Secretary of State for Levelling Up, Housing and...
Marks and Spencer plc v Secretary of State for Levelling Up, Housing and Communities and others [2024] EWHC 452 ( Admin) What did the court decide? This legal challenge by M& S concerned the Secretary of State’s refusal of permission to demolish its Oxford Street flagship and replace it with a new nine storey mixed office and retail scheme. M& S succeeded on five of the six grounds. The High Court found the decision unlawful because the Secretary of State misread the NPPF, treating it as if it imposed a strong presumption for re‑using the existing building when no such presumption exists. He also failed to give adequate reasons for departing from the inspector’s conclusions. The judgment also confirms that offsetting requirements in the London Plan relate to operational carbon, not embodied carbon. This case offers increased clarity for the planning system for...
What are the practical implications of this case? This ruling offers reassurance to the development industry that the method used thus far for the cumulative assessment of carbon emissions is lawful, and it also has important ramifications for litigation that is currently in train. On 19 February 2024, the High Court issued its judgment in R ( Save Stonehenge World Heritage Site) v Secretary of State for Transport [2024] EWHC 339 ( Admin), addressing the consenting of the A303 ( Amesbury to Berwick Down) Development Consent Order. Ground 7 contended that the Secretary of State’s handling of the environmental impact assessment was unlawful in respect of the cumulative effects of greenhouse gas ( GHG) emissions from the DCO project alongside other committed highway schemes. On 6 November 2023, the court agreed to stay this ground pending the Court of Appeal’s determination in...
EU developments European Commission adopts RTS on the disclosure of information related to the principal adverse impacts on sustainability factors under the Securitisation Regulation The Commission has issued a Commission Delegated Regulation laying down regulatory technical standards ( RTS). These RTS specify, for simple, transparent and standardised ( STS) non- ABCP traditional securitisation, and for STS on-balance-sheet securitisation, the content, methodologies and presentation of information concerning the principal adverse impacts of the assets financed by the underlying exposures on sustainability factors, in line with Regulation ( EU) 2017/2402 (the Securitisation Regulation). See: LNB News 05/03/2024 59. Source: Commission Delegated Regulation ( EU) …/.........
In this issue: Air emissions and climate change Environmental enforcement and prosecutions Energy for environmental lawyers ESG and sustainability Hazardous substances and chemicals Key developments and materials Marine Waste producer responsibility regimes Wildlife, biodiversity and habitat conservation Lex Talk Environment: a Lexis Nexis community Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change DESNZ has released the government’s response to the consultation on regulatory proposals for the CCUS transport and storage Revenue Support Agreement counterparty direction. The CO2 T& S business model aims to catalyse early carbon capture, transport and storage networks by providing revenue support. The response confirms it is suitable to move forward with regulations concerning the Secretary of State’s power to direct a counterparty to make an offer to...
In this issue Air emissions and climate change Energy efficiency and buildings Energy for environmental lawyers Environmental disputes and proceedings Environmental enforcement and prosecutions Environmental information Environmental issues in transactions Nature, biodiversity and habitat conservation Waste Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change Climate change and food—court decision weakens net zero policies ( R (on the Application of Global Feedback Ltd) v Secretary of State for Environment, Food and Rural Affairs) This claim examined the government’s Food Strategy and whether omitting measures addressing greenhouse gas output from meat and dairy breached the duty, under Section 13 of the Climate Change Act 2008, to set policies capable of meeting carbon budgets. The Court of Appeal held that it did not. It also...
Corporate Sustainability Due Diligence Directive Belgian officials, overseeing EU legislative negotiations as the current holder of the Council of the EU’s rotating presidency, reported that a meeting of national envoys failed to break the deadlock. They noted that a final compromise on the Corporate Sustainability Due Diligence Directive had been tabled for Coreper ambassadors to endorse, but, despite the presidency’s efforts, sufficient backing did not materialise. For adoption, the proposal required a qualified majority: at least 15 Member States, together accounting for a minimum of 65% of the EU’s citizens. However, Germany and Italy, along with Bulgaria, the Czech Republic, Estonia, Finland, Hungary, Lithuania, Luxembourg, Malta and Slovakia, all abstained, and Sweden voted against the measure. Austrian officials said they were unable to take......
R (on the application of Together Against Sizewell C Ltd) v Secretary of State for Energy Security and Net Zero and another company [2023] EWCA Civ 1517 What are the practical implications of this case? This ruling is notable in light of the pressing requirement for additional nuclear generating capacity highlighted in the energy national policy statements, alongside EN-6’s identification of Sizewell C as a potentially suitable location for new nuclear development. The judgment’s treatment of how utilities infrastructure necessary for a major project should be evaluated has wider significance beyond this scheme. The court rejected the appellant’s stance that utilities infrastructure must be incorporated within the development itself, finding that approach could induce a ‘sclerosis in the planning system’. Decision-making on the main scheme would then be held up pending a utility provider’s choice of preferred method of supplying water,...
Cotham School v Bristol City Council and others [2024] EWHC 154 ( Ch) What are the practical implications of this case? In relation to a public authority appearing twice in the same proceedings while exercising distinct functions, the court applied the principle in Hardie & Lane Ltd v Chiltern ( Tort) [1928] 1 K. B. 663 and Allnutt v Wilding [2006] EWHC 1905 ( Ch), [2006] BTC 8040 (unreported by Lexis Nexis®UK), [2006] 7 WLUK 723 (unreported by Lexis Nexis®UK). The court confirmed this rule extends across all civil litigation, including the present dispute, and covers situations where the same party appears more than once as claimant, as defendant, or on opposing sides of the record in the same action. As a matter of principle, it was not defensible to argue the rule is displaced because statutory authorities are separate legal persons, distinct from the...
In this edition: Air emissions and climate change Energy efficiency and buildings Environmental enforcement and prosecutions ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Water, flooding and drainage Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change NSTA sets out rules on releasing carbon storage data and specimens The North Sea Transition Authority ( NSTA) has opened a consultation outlining regulations on the release of carbon storage information and samples. It invites comments on the period for which such information and samples should be made available. The consultation closes on 12 April 2024. Refer to: LNB News 15/02/2024 40......
EU developments ECB publishes range of articles on risk management and resilience topics The European Central Bank ( ECB) has issued a selection of articles, penned by members of its Supervisory Board, for the Euro Fi magazine......
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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